From allegations of insider trading to complex investment scams, Jeff King has secured favorable outcomes for clients facing civil and criminal securities fraud charges. As a reputable and highly experienced securities fraud defense attorney, Jeff King is well-versed in the complex regulations surrounding securities regulations, and will prepare a sound defense strategy based on your unique circumstances.
Providing false, deceptive or manipulated information in investment markets for personal financial advantage is considered securities fraud. This white collar crime may be committed by securities brokers, individuals, financial analysts, business accountants, government entities and corporations. Conviction for securities fraud can not only ruin your professional career and reputation, it can result in jail time and steep fines.
In situations where securities fraud is suspected, a complaint is generally filed with the Securities and Exchange Commission (SEC), which was established by the Securities Exchange Act of 1934 to protect investors and help regulate the fair and orderly operation of securities markets.
The SEC has authority to swiftly investigate alleged violations of securities laws and to bring civil actions against suspected perpetrators. The SEC enforcement division utilizes many sources to gather evidence, including market surveillance activities, media reports, investor complaints and tips, reports from self-regulatory organizations and other securities industry sources.
When evidence of securities fraud exists, the SEC can ask for a court-ordered injunction that bars further actions that violate securities laws. The injunction can also mandate accounting for frauds, audits, and supervisory provisions. The Securities and Exchange Commission can also seek monetary fines, or the return of illegally-obtained profits. Enforcement actions may be referred to the Department of Justice (DOJ) for criminal prosecution.
The Securities and Exchange Commission investigates and prosecutes a wide range of securities fraud cases arising from:
Under provisions set forth in the Texas Securities Act, it is illegal for brokers to sell securities without being a registered dealer. It is also a federal crime for a broker to mislead or present false information to investors.
Under Texas Civil Statutes Art. 581-29, it is a felony to:
The Securities Act of 1933 and The Securities Exchange Act of 1934 are the two principle federal securities laws. These statutes identify and prohibit specific examples of misconduct in financial markets and empower the SEC with disciplinary authority. These statutes have several objectives aimed at protecting investors and prohibiting misrepresentation, deceit and other fraud in securities sales. In 2002, the government enacted the Sarbanes-Oxley Act (SOX) in response to several high-profile corporate securities fraud scandals. This law mandates strict federal penalties for violating laws over the buying, selling and trading of securities.
The majority of securities fraud offenses are prosecuted as felony crimes. Securities fraud penalties can include:
If you are facing an investigation by the SEC or have already been indicted, contact Dallas Texas fraud defense attorney Jeff King to discuss your legal options during a confidential case review. By drawing on his vast litigation experience on both sides of the aisle, Jeff King can successfully defend his clients against the most serious of criminal allegations.